NAGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24.1.2001 passed by the 1st Additional Sessions Judge, Saran, in Sessions Trial No. 30/90 convicting and sentencing appellant Nagendra Singh to undergo life imprisonment under Section 302 of the Indian Penal Code (in short. IPC), R.I. for 10 years under Sections 307/149, IPC and R.I.for 3 months under Section 225-B, IPC and convicting and sentencing appellants Dharmnath Singh and Jitan Singh to undergo life imprisonment under Sections 302/149, IPC, appellant Deo Nath Singh to undergo life imprisonment under Section 302/34, IPC. Appellant Dharmnath Singh has further been convicted and sentenced to undergo R.I. for 10 years under Section 307, IPC and 1 year under Section 379, IPC. Appellants Deo Nath Singh and Jitan Singh have further been convicted and sentenced to undergo R.I. for 10 years under Section 307/149, IPC and 3 months under Section 225-B, IPC. Appellant Jitan Singh has further been convicted under Section 323, IPC also but no separate sentence in this head has been passed against him. All the sentences, however, have been ordered to run concurrently.

(2.) The case of prosecution as disclosed in fardbeyan, in short, is that informant Sri Narayan Singh (PW 7) after taking field of Maheshwari Singh (PW 1) on 'Batai', towards north of his village had grown brinjals on it. On 21.9.1989 appellant Dharmnath Singh was uprooting brinjals from the aforesaid field which was seen by the informant at about 2 p.m. when he had gone towards the field and by that time appellant Dharmnath Singh had already plucked brinjals worth Rs. 100/- and kept in his bag. Informant caught hold of appellant Dharmnath Singh and proceeded for his house but Dharmnath Singh raised alarm on which appellant Deo Nath Singh armed with 'farsa', appellant Jitan Singh armed with lathi, Ramashray Singh (since dead) armed with 'farsa' and appellant Nagendra Singh armed with 'bhala' came to a road situated south of the field of informant where informant alongwith Dharmnath Singh by that time had reached. Ramashray Singh ordered to kill the informant and rescue Dharmnath Singh on which appellants forcibly rescued Dharmnath Singh from the custody of informant and Ramashray Singh handed over his 'farsa' to Dharmnath Singh who gave 'farsa' blow on the head of informant and caused bleeding injuries. The informant fell down when appellant Jitan assaulted him with lathi causing injuries on his back and leg. In the meantime, Bindhyachal Singh, nephew of informant, came there for his rescue when appellant Deo Nath Singh gave two 'farsa' blows on his head and appellant Nagendra Singh gave 'bhala' blow on his abdomen causing bleeding injuries and Bindhyachal Singh fell down and became unconscious. On 'hulla' Kapildeo Singh (not examined), Suresh Singh (not examined), Maheshwari Singh (PW 1) and Safi Mian (PW 2) reached there and then appellants fled away taking the bag of brinjais. Informant and injured Bindhyachal Singh were taken to Marhaura Hospital by Ravindra Singh and Kapildeo Singh who, after injured were given first aid treatment were advised to take injured to Chapra Hospital and thereafter, informant and Bindhyachal Singh were taken to Chapra Hospital where fardbeyan of informant was recorded by S.I. Ranbir Singh (not examined). The fardbeyan was sent to Marhaura P.S. where a case under Sections 302, 307, 324, 323, 379/34, IPC against the four appellants and Ramashray Singh was instituted. The police after investigation submitted charge-sheet against the appellants and Ramashray Singh. Cognizance of the case was taken and case was committed to the Court of Session where charge under Sections 307/149 and 225-B, IPC against all the appellants barring appellant Dharmnath Singh, charge under Section 307, IPC against appellant Dharmnath Singh, charge under Section 302, IPC against appellants Deonath Singh and Nagendra Singh, charge under Section 302/149, IPC against appellants Jitan Singh and Dharmnath Singh as well as Ramashray Singh who during the trial died and charge under Section 323, IPC against appellant Jitan Singh were framed. The appellants denied the charges and they were put on trial.

(3.) The case of appellants as it appears from the defence witness examined on their behalf and from the trend of cross-examination of prosecution witnesses is that on the day and time of occurrence informant alongwith deceased Bindhyachal Singh and others variously armed with 'bhala', farsa' and sword assaulted appellants Deo Nath Singh and Dharmnath Singh and appellant Dharmnath Singh lodged a case being Marhaura P.S. Case No. 183/89 against the informant and others under Sections 147, 148. 323, 324 and 307, IPC and the informant in retaliation has filed this case falsely implicating the appellants. The Court below after trial found the appellants guilty and convicted and sentenced them as stated above.